Solomon’s tenure as acting general counsel has not been without controversy. Rather than serving as a neutral arbiter of justice, Solomon chose to implement his own policy preferences – further damaging the credibility of the Board in the process. For example, his pursuit of Boeing’s “unfair labor practices” brought forth harsh criticism from business; Boeing’s only offense was the expansion of 787 Dreamliner production in South Carolina – a right to work state—rather than forced-unionism Washington.

As with the recently ousted Sharon Block and Richard Griffin, Solomon’s leadership is in jeopardy. Aligned with three federal circuit courts, Judge Settle determined that the NLRB operated without a quorum with three unconstitutionally appointed members, calling into question all decisions of the Board from January 4, 2013 until the newly appointed members were confirmed by the Senate in July. Overall, it looks as if President Obama’s 2010 and 2012 Christmas presents to big labor are going back to the store.